On May 9, 1873 the U.S. Attorney in New Orleans, James Beckwith, convened a grand jury to hear evidence. Since murder was a state crime, Beckwith had to rely on the Enforcement Acts in order to charge the killers with crimes: violations of Constitutional rights. Throughout the South, prosecutors relied on the acts in their fight against Klan violence. Beckwith knew that cases such as this would be difficult because of the legal theories and fact patterns involved. Therefore, his indictment contained 32 separate counts.
Thanks to the work of a Secret Service Agent and surviving victims, Beckwith had the names of the killers. It took the Army to capture some of them and bring them to trial in New Orleans. William J. Cruikshank, John P. Hadnot, Donas Lemoine, Prudhomme Lemoine, Bill Irwin, Clement Penn, and Austin P. Gibbons were delivered to the Orleans Parish Prison. Later on, Alfred C. Lewis and Tom Hickman were arrested and added to the prison.
Robert Hardin Marr, a lawyer active in Democratic politics, led the defense team. Newspapers carried stories about the defendants, and their version of the "riot" they had put down. Fundraisers were held around the state to raise money for the defense. The donations enabled the defendants to live comfortably at the prison, and paid for a chartered steamboat to bring witnesses from Grant Parish.
The trial began on February 23, 1874, in the old federal courtroom in the Custom House. After his opening statement, Beckwith presented witnesses, including survivors of the massacre. The defense attorneys tried to break them. On March 4, the defense began its case, arguing that the whites were attacked by a black mob. Two white men had been murdered under a truce flag, and the whites had simply returned fire. Defense witnesses gave this story, or gave alibis for the defendants. On March 13, both sides had finished their presentations, and Judge Woods charged the jury. On March 16, 1874 the jury informed the court that they were split; the trial ended as a mistrial.
